United States Eleventh Circuit - December 2002 Opinion Summaries

SIERRA CLUB v. US ENVTL. PROT. AGENCY

Administrative Law, Civil Procedure, Environmental Law, Transportation
A petition for review of an EPA order, finding an Atlanta Motor Vehicle Emissions Budget adequate for transportation conformity, is moot where a State...

WILLIAMS v. OBSTFELD

Criminal Law & Procedure
In a claim under RICO and related state laws, a group of entities and individuals were not vicariously liable for the criminal acts of a co-defendant,...

US v. ROMANO

Criminal Law & Procedure, Sentencing
The government's breach of a plea agreement, in urging the court to enhance appellant's base offense level for conduct wholly unrelated to the offense...

WELLINGTON v. MOORE

Criminal Law & Procedure, Habeas Corpus
Because petitioner could not demonstrate prejudice as a result of his counsel's deficient performance in failing to obtain alibi testimony, denial of...

US v. HALL

Criminal Law & Procedure
Even if a government agent's testimony or a prosecutor's comments were admitted erroneously, any error did not affect defendant's substantial rights,...

US v. MORALES-CASTILLO

Criminal Law & Procedure, Sentencing, Immigration Law
Because defendant's state probation had been revoked, under U.S.S.G. section 5G1.3(c) and Application Note 6, the district court properly ordered that...

GEORGIA STATE DEP'T OF EDUC. v. DERRICK C.

Administrative Law, Civil Procedure, Civil Rights, Education Law
The Georgia Administrative Procedures Act (Ga. Code section 50-13-19(b)), is the state statute of limitations most analogous to the Individuals with...

WAGNER v. DAEWOO HEAVY INDUS. AM. CORP.

Civil Procedure
A district court is not required to grant a plaintiff leave to amend his complaint sua sponte when the plaintiff, who is represented by counsel, never...

NAPIER v. PRESLICKA

Civil Rights
42 U.S.C. section 1997e(e), a provision of the Prison Litigation Reform Act of 1995, applies to claims that arise out of the arrest of an imprisoned...

BAYNHAM v. PMI MORTGAGE INS. CO.

Attorney's Fees, Civil Procedure, Class Actions, Insurance Law, Property Law & Real Estate
Although anticipated attorneys' fees may properly be included within an appellate cost bond issued by a district court pursuant to either Fed. R. App....